Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 86F

Privilege against exposure to penalty--disqualification from managing corporations

Court proceeding

             (1)  In a civil or criminal proceeding under, or arising out of, this Act, a person is not entitled to refuse or fail to comply with a requirement:

                     (a)  to answer a question or give information; or

                     (b)  to produce a document or any other thing; or

                     (c)  to do any other act;

on the ground that the answer or information, production of the document or other thing, or doing that other act, as the case may be, might tend to expose the person to a penalty by way of an order under section 86E.

             (2)  Subsection (1) applies whether or not the person is a defendant in the proceeding or in any other proceeding.

Statutory requirement

             (3)  A person is not entitled to refuse or fail to comply with a requirement under this Act:

                     (a)  to answer a question or give information; or

                     (b)  to produce a document or any other thing; or

                     (c)  to do any other act;

on the ground that the answer or information, production of the document or other thing, or doing that other act, as the case may be, might tend to expose the person to a penalty by way of an order under section 86E.

Definition

             (4)  In this section:

"penalty " includes forfeiture.



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